Let’s clarify at the start – this answer concerns obtaining a guardianship of an incapacitated adult or minor only.  It does not address obtaining a guardianship over minors who are wards of the court, revoking parental rights, etc.  What is incapacitated?  Typically it is somebody who is unable to make or communicate significant responsible decisions concerning their health, safety, finances, or general welfare.  In addition, the court will look to see if there are less restrictive alternatives that are available.

The cast of characters in this answer:

• Petitioner: the person(s) filing the petition for guardianship or conservatorship.
• Ward: the person who the petition is seeking to obtain a guardianship or conservatorship over.  Also known as the incapacitated person.
• Proposed Ward: the person who will be the ward is called a “proposed ward” in the petition and throughout the court proceedings.
• Guardian: the person who will be responsible for the care and well being of the ward.
• Conservator: the person who will be responsible for managing the finances of the ward.

Typically in Georgia the probate court will charge a filing fee that ranges from $450 to $600 depending upon the county where the petition is filed.  That fee generally includes the cost of a court appointed social worker to review the proposed ward’s diagnosis and a court appointed attorney to represent the ward.

In addition, your attorney will charge you for handling your case.  Some attorneys will charge on a hourly basis, usually $150 to $250 per hour spent on your case.  Other attorneys will charge a flat rate for handling your case, usually from $500 to $1,500.  Bass Green, PC charges a flat rate of $675 for cases in Cobb and Cherokee counties and $775 for cases and other metro Atlanta counties.  For counties outside metro Atlanta the flat fee will be calculated based upon expected travel time to the county.

Note that attorneys’ fees do not include court filing fees.

Once you have a guardianship or conservatorship, you will be required to file reports on the ward.  Usually these reports are due within 60 days of obtaining the guardianship or conservatorship and then annually within 60 days of the anniversary of the date the guardianship or conservatorship was granted.  There are court filing fees associated with the filing of these reports, usually around $50.

Related Questions:

What do I need to obtain a guardianship of an incapacitated person?